STATE
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BEFORE
THE INDIANA DEPARTMENT
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OF ENVIRONMENTAL
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COMMISSIONER
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OF ENVIRONMENTAL
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Complainant, |
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v. |
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Case Nos. 2003-12777-A and |
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2004-14945-A |
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LEHIGH CEMENT COMPANY |
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Respondent |
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AGREED
ORDER
The Complainant and the Respondent desire to settle
and compromise this action without hearing or adjudication of any issue of fact
or law, and consent to the entry of the following Findings of Fact and
Order. Pursuant to IC 13-30-3-3, entry
into the terms of this Agreed Order does not constitute an admission of any
violation contained herein. Respondent's
entry into this Agreed Order shall not constitute a waiver of any defense,
legal or equitable, which Respondent may have in any future administrative or
judicial proceeding, except a proceeding to enforce this order.
I. FINDINGS OF FACT
1.
Complainant is the Commissioner (“Complainant”) of the
Indiana Department of Environmental Management, a department of the State of
2.
Respondent is Lehigh Cement Company
("Respondent"), which owns and operates the Portland cement
manufacturing source with Plant ID No. 093-00002, located at
3.
The Indiana Department of Environmental Management (“IDEM”)
has jurisdiction over the parties and the subject matter of this action.
4.
Pursuant to IC 13-30-3-3, on April 13, 2004, IDEM issued a
Notice of Violation via Certified Mail to:
Helmut Erhard, President |
CT Corporation System, Registered Agent |
Lehigh Cement Company |
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5.
Pursuant to IC 13-30-3-3, on March 2, 2006, IDEM issued a Notice
of Violation via Certified Mail to:
Helmut Erhard, President |
CT Corporation System, Registered Agent |
Lehigh Cement Company |
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6.
A compliance test of Clinker Cooler No. 2 was conducted at
the Site on November 19-20, 2002 and was observed by a representative of IDEM’s
Office of Air Quality (OAQ). The following
violations were in existence at the time of this compliance test:
a.
Pursuant to 40 CFR 63.1345 (National Emission Standards for
Hazardous Air Pollutants From the Portland Cement Manufacturing Industry –
Standards for Clinker Coolers) and 326 IAC 20-27-1, Respondent shall limit
particulate matter from each clinker cooler to 0.10 pound per ton of feed (dry
basis) to the kiln.
The Respondent demonstrated the average particulate matter emissions were 1.42
pound per ton of feed (dry basis), a violation of 40 CFR 63.1345 and 326 IAC
20-27-1.
7.
The Respondent re-tested Clinker Cooler No. 2 on January 17,
2003 and demonstrated the average particulate matter emissions were 0.01 pounds
per ton of feed (dry basis), demonstrating compliance with the limit of 0.10
pound per ton of feed (dry basis) established in 40 CFR 63.1345 and 326 IAC
20-27-1.
8.
A compliance test of Clinker Cooler No. 2 was conducted at
the Site on December 12, 2003 and was observed by a representative of IDEM’s
Office of Air Quality (OAQ). The
following violations were in existence at the time of this compliance test:
a.
Pursuant to 40 CFR 63.1345 (National Emission Standards for
Hazardous Air Pollutants From the Portland Cement Manufacturing Industry –
Standards for Clinker Coolers) and 326 IAC 20-27-1, Respondent shall limit
particulate matter from each clinker cooler to 0.10 pound per ton of feed (dry
basis) to the kiln.
The Respondent demonstrated the average particulate matter emissions were 0.185
pound per ton of feed (dry basis), a violation of 40 CFR 63.1345 and 326 IAC
20-27-1.
9.
The Respondent re-tested Clinker Cooler No. 2 on May 11,
2004 and demonstrated the average particulate matter emissions were 0.01 pounds
per ton of feed (dry basis), demonstrating compliance with the limit of 0.10
pound per ton of feed (dry basis) established in 40 CFR 63.1345 and 326 IAC
20-27-1.
10.
In recognition of the settlement reached, Respondent waives
any right to administrative and judicial review of this Agreed Order.
II. ORDER
1.
This Agreed Order shall be effective ("Effective
Date") when it is approved by the Complainant or his delegate, and has
been received by the Respondent. This
Agreed Order shall have no force or effect until the Effective Date.
2.
Respondent shall comply with 40 CFR 63 Subpart LLL and 326
IAC 20-27-1.
3.
Respondent is assessed a civil penalty of Thirty-Six
Thousand Dollars ($36,000). Said penalty
amount shall be due and payable to the Environmental Management Special Fund
within thirty (30) days of the Effective Date of this Agreed Order.
4.
Civil penalties are payable by check to the Environmental
Management Special Fund. Checks shall
include the Case Number of this action and shall be mailed to:
Indiana Department of Environmental Management |
Cashier’s Office - Mail Code 50-10C |
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1.
In the event that the civil penalty required by Order
paragraph 3 is not paid within thirty (30) days of the Effective Date of this Agreed
Order, Respondent shall pay interest on the unpaid balance at the rate
established by IC 24-4.6-1-101. The
interest shall continue to accrue until the civil penalty is paid in full.
2.
This Agreed Order shall apply to and be binding upon the
Respondent, its successors and assigns. The Respondent's signatories to this
Agreed Order certify that they are fully authorized to execute this document
and legally bind the parties they represent.
No change in ownership, corporate, or partnership status of the Respondent
shall in any way alter its status or responsibilities under this Agreed Order.
3.
In the event that any terms of the Agreed Order are found to
be invalid, the remaining terms shall remain in full force and effect and shall
be construed and enforced as if the Agreed Order did not contain the invalid
terms.
4.
The Respondent shall provide a copy of this Agreed Order, if
in force, to any subsequent owners or successors before ownership rights are
transferred. Respondent shall ensure
that all contractors, firms and other persons performing work under this Agreed
Order comply with the terms of this Agreed Order.
5.
This Agreed Order shall remain in effect until Respondent
complies with Order paragraph No. 3 of this Agreed Order.
TECHNICAL
RECOMMENDATION: |
RESPONDENT: |
Department
of Environmental Management |
Lehigh
Cement Company |
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By:
__________________________ |
By:________________________________ |
David P. McIver |
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Chief, Air Section |
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Office of Enforcement |
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Printed:
_____________________________ |
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Title:
_______________________________ |
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Date:
______________________ |
Date:
______________________________ |
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COUNSEL
FOR COMPLAINANT: |
COUNSEL
FOR RESPONDENT: |
Department
of Environmental Management |
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By:
______________________ |
By:
__________________________ |
Office of Legal Counsel |
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Date:
______________________ |
Date:
________________________ |
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APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF
ENVIRONMENTAL |
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MANAGEMENT THIS |
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DAY
OF |
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200 |
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For The Commissioner: |
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Signed 4/25/06 |
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Matthew T. Klein |
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Assistant Commissioner |
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of Compliance and
Enforcement |
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